Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15371 of 2018 Applicant :- Vijay Pasi Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri D.K. Srivastava, learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 235/17, u/s 498A, 306 IPC, P.S. Charwa, District Kaushambi with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the applicant is the husband of the deceased. Initially the prosecution showing the date of marriage to be 21.5.2011 F.I.R. was registered u/s 498-A, 304-B IPC. However during investigation it was found that the marriage between the applicant and the deceased was solemnized in the year 2009, therefore, the case was converted from 304-B to 306 IPC. It is argued that infact the deceased had committed suicide on account of the fact that the applicant had refused to send the deceased along with her brother on the occasion of Raksha Bandhan and this fact that the brother of the deceased come to fetch her and it was refused by the applicant, has been stated by the mother of the deceased in her statement u/s 161 Cr.P.C. It is lastly contended that beside the ligature mark no other ante mortem injury has been noted and the cause of death as a result of hanging in the post mortem report.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Vijay Pasi involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.4.2018 Dhirendra/